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Unfair dismissal claim Kennedy v F Cross & Son Ltd |
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Legal fees saved under MILS scheme: £5,000-£7,000
Case Details:
Unfair Dismissal
Hull Employment Tribunal 2 March 2011
Kennedy v F Cross & Son Ltd
The Claimant was a senior employee in accounts who disclosed to the Respondent employer some potentially serious errors in accounting. A conversation then progressed in which the Claimant appeared to offer his resignation and the Respondent accepted the same.
The Claimant then later alleged he had not resigned and the issue before the Tribunal was primarily whether or not the conversation and the context of that conversation was a resignation or a dismissal. If a dismissal then potentially it was unfair as there was no procedure followed (as the Respondent believed the Claimant had resigned).
In a majority decision, the Tribunal upheld our client’s version of events and looking at the words spoken in the meetings and the context in which the Claimant approached the Respondent, the Tribunal found the Claimant had indeed resigned. The Schedule of Loss was considerable as he was a senior employee, however all claims were defeated.
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